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(영문) 서울중앙지방법원 2017.01.12 2015가단170263

주식반환

Text

1. The Plaintiff and Defendant B confirm that the shareholder of the shares listed in the attached Table 1 is the Plaintiff.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. On January 31, 1961, the Plaintiff reported the marriage with D on January 31, 1961, and got a woman as Defendant C and a woman E, but at the end of the divorce lawsuit with D, the Plaintiff was divorced by judicial compromise on August 21, 1991.

B. F Co., Ltd. (hereinafter “F Co., Ltd.”) was established on August 17, 1964; total amount of KRW 50,000,000; total number of issued and outstanding shares was KRW 10,000. According to the statement of stock movement (Change of Stocks, etc.) in early 1990, the Plaintiff 4,477 shares out of the issued and outstanding shares of the non-party company; KRW 457 shares in D; KRW 3,333 shares in G; and Defendant B owned KRW 1,73 shares in July 20, 190; and KRW 1,600 out of shares in G were transferred to H to SH, and KRW 1,733 shares in remainder.

In other words, within the business year from July 1, 2011 to June 30, 2012, the Plaintiff’s 4,477 shares were transferred to Defendant C, which held 3,657 shares at the time of the Plaintiff’s 4,657 shares, and Defendant C held 8,134 shares (=3,657 shares), and Defendant B owned 1,73 shares, and Defendant B owned 1,73 shares within the business year from July 1, 2013 to June 30, 2014, and finally Defendant B transferred 1,73 shares to Defendant C, and Defendant C owns 8,267 shares.

C. The Plaintiff established the non-party company and operated the non-party company for more than 40 years until November 30, 2006 as the representative director. Defendant C entered the non-party company in around 1988 and worked as an internal director, and was appointed as the representative director of the non-party company on December 1, 2006.

The Plaintiff filed a lawsuit against Defendant C and Nonparty Company on December 3, 2013 claiming confirmation of shareholder rights (Seoul Central District Court 2013Da5172413) on September 4, 2015 on the ground that Defendant C’s transfer of 4,477 share transfer by stealing the Plaintiff’s seal by forging the Plaintiff’s seal and forging the share transfer contract, and obtained a favorable judgment on September 4, 2015, and the Defendant C et al. filed an appeal (Seoul Central District Court 2015Na5196), but the appeal was dismissed, which is now declared.